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Private prosecutions – A route to justice for the charity sector
Sophie Tang
Mary Young was recently published in the New Law Journal where she sets out a lawyer’s wish list for the new prime minister & the Labour government.
In general, most civil proceedings are conducted in public and the public can access certain documents filed at court and referred to in public hearings. One of the issues that may arise when preparing trial witness statements is balancing the need to provide the court (and opponent) with factual witness evidence to support your client’s case, and ensuring that witnesses are offered sufficient protections where necessary.
The unauthorised dissemination, or misuse, of confidential information can be considered a serious threat to the future health and viability of a company, and can cause serious distress to individuals. As such, we are often approached by potential clients whose first instinct is, invariably, to ask us to go to court to obtain an injunction to protect their confidential information. However, obtaining an injunction in these types of cases is seldom as straightforward as many assume.
Privacy and confidentiality in tax cases have always been important particularly where the taxpayer is someone in the public eye. Whilst a tax enquiry, or indeed litigation, does not mean that the taxpayer has ‘done something wrong’, there are certain negative inferences made by the public and media which could impact future opportunities for the individual or corporate involved.
Once referred to as a “secret court”, the Court of Protection is increasingly limiting its privacy and is arguably becoming more open.
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